First Amendment Commons^™

Jefferson And The Church-State Wall : A Historical Examination Of The Man And The Metaphor

BYU Law Review

No abstract provided.

Government Aid To Church-Related Education : An Alternative Rationale

BYU Law Review

No abstract provided.

Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin

Cornell Law Faculty Publications

In the course of his eloquent commentary upon New York Times Co. v. Sullivan, the late Professor Kalven enthused that the Court had written "an opinion that may prove to be the best and most important it has ever produced in the realm of freedom of speech." This excitement was generated not by the Court's rather narrow holding but rather by the hope that Sullivan would serve as the opening wedge to dislodge the clear and present danger test, to dismantle the "two-level" approach to first amendment analysis (reflected in cases such as Chaplinsky, Beauharnais, and Roth …

Spears V. State, 337 So. 2d 977 (Fla. 1976), John Mueller

Florida State University Law Review

Constitutional Law- SPEECH- FLORIDA'S INDECENT AND OBSCENE LANGUAGE STATUTE DECLARED UNCONSTITUTIONAL ON ITS FACE FOR OVERBREADTH.

The First Amendment, High School Students, And The Possibility Of Psychological Harm: Trachtman V. Anker, Deborah F. Peters

Buffalo Law Review

No abstract provided.

Some Notes On The Proper Uses Of The Clear And Present Danger Test, James W. Torke

BYU Law Review

No abstract provided.

Recent Cases, Alan W. Duncan, Elton G. Snowden, William A. Holby, Joseph W. Gibbs

Vanderbilt Law Review

Constitutional Law -- Newsperson's Privilege - The First Amendment Guarantee of a Free Press Protects Against Compelled Disclosure of a Journalist's Exercise of Editorial Control and Judgment

Plaintiff, a former army officer who had achieved national prominence by claiming that his superiors ignored his reports of atrocities by American forces in Vietnam,' brought a libel suit against defendant television producer, reporter, and network for broadcasting a program that cast doubt upon plaintiff's allegations. Contending that defendant did not present available information corroborating plaintiff's claims, plaintiff sought discovery of the producer's beliefs, opinions, intent, and conclusions in preparing the program.

Alan …

First Amendment Restrictions On The Ftc's, Robert D. Eckinger

Vanderbilt Law Review

The Supreme Court has suggested a "degree of protection"approach to reconcile the first amendment protection of commercial speech with the need to effectively regulate false or misleading advertising. In so doing, however, the Court has failed to establish clearly the judicial standard of review appropriate in examining regulative measures. In the absence of adequate guidance, several circuit court decisions have adopted an unjustified standard of strict judicial scrutiny. The continued use of this standard by the circuit courts in reviewing FTC decisions will present increasing institutional problems for the courts and will seriously undermine the Commission's ability to protect consumers …

First Amendment Ancillary Doctrines, David S. Bogen

Faculty Scholarship

No abstract provided.

The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland

Villanova Law Review (1956 - )

No abstract provided.

Corporate Political Speech: The Effect Of First National Bank Of Boston V. Bellotti Upon Statutory Limitations On Corporate Referendum Spending, Francis H. Fox

Kentucky Law Journal

No abstract provided.

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression (With Endress), Stephen W. Gard

Law Faculty Articles and Essays

The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. The admonition that the perceived wisdom of governmental regulations should never be confused with the issue of their constitutionality remains appropriate. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily have much to say by implication on this issue. The purpose of this article is rather to assess the impact of Pacifica on the two traditions of freedom of expression which continue …

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress

Cleveland State Law Review

The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily …

Federalism And Obscenity, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress

Cleveland State Law Review

The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily …

First Amendment Ancillary Doctrines, David S. Bogen

Maryland Law Review

No abstract provided.

Regulation Of Fundamentalist Christian Schools: Free Exercise Of Religion V. The State's Interest In Quality Education, Michael D. Baker

Kentucky Law Journal

No abstract provided.

Media Reporting And Privacy Claims--Decline In Constitutional Protection For The Press, Gerald G. Ashdown

Kentucky Law Journal

No abstract provided.

Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen

Kentucky Law Journal

No abstract provided.

Lawyers, Privileged Communications, And The Foreign Agents Registration Act Of 1938, Phyllis K. Fong

Vanderbilt Journal of Transnational Law

Originally enacted to control the spread of subversive propaganda during World War I, the Foreign Agents Registration Act of 1938 (Act) now regulates the conduct of lobbyists, public relations counsellors, attorneys, and other agents acting on behalf of foreign entities. The Act no longer prohibits dissemination of political propaganda, but requires that foreign agents register and disclose the nature and extent of all activities conducted pursuant to the agency agreement, on the assumption that adequate disclosure and publicity of agents' activities will make it impossible for foreign agents to take advantage of an unwary public. Congress has imposed, moreover, penal …

Constitutional Law - Free Press/Fair Trial - Pretrial Suppression Hearing May Be Closed In Order To Preserve Defendant's Right To A Fair Trial, Douglas Robison

Villanova Law Review (1956 - )

No abstract provided.

The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne

Faculty Publications

No abstract provided.

Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer

Faculty Publications

No abstract provided.

Recent Cases, Robert E. Banta, Oby T. Brewer, Iii, Cornelia A. Clark, I. Terry Currie, Douglas W. Ey, Jr.

Vanderbilt Law Review

Constitutional Law-First Amendment-School Authorities May Prohibit High School Student's Distribution of Sex Questionnaire to Prevent Possible Psychological Harm to Other Students Robert Edward Banta

Plaintiff, editor of a high school publication,' brought suit in federal court seeking an order compelling defendant school officials to allow the student publication to distribute a sex questionnaire,to students in the high school and to publish the results. Plaintiff claimed that defendants had not shown that the planned distribution would disrupt school activities and that, therefore, defendants'prohibition of the questionnaire violated 42 U.S.C. § 19831 and the first and fourteenth amendments. Pointing to potential psychological …

Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer

Scholarly Works

No abstract provided.

Zoning Obscenity: Or, The Moral Politics Of Porn, Norman Marcus

Buffalo Law Review

No abstract provided.

The Nonpartisan Freedom Of Expression Of Public Employees, Michigan Law Review

Michigan Law Review

Governmental activities affect each of us in a myriad of ways. The government's role as employer may pale in comparison with the more glamorous activities of the government as national defender, law enforcer, and allocator of scarce resources. Yet the legal ramifications of public employment-where the public interest in efficient governmental operation often conflicts with the public employee's freedom-have a profound influence upon American society.

In 1968, the Supreme Court in Pickering v. Board of Education formulated a test designed to balance these interests in defining the scope of a public employee's freedom of expression. In examining the nonpartisan free …

Houchins V. Kqed Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

New York V. Cathedral Academy, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Privacy, Appropriation, And The First Amendment: A Human Cannonball's Rather Rough Landing, Richard G. Wilkins

BYU Law Review

No abstract provided.